Must California employers offer paid bereavement leave?
Short answer
Not universally. Under California law, covered employers must provide up to five days of bereavement leave, but the leave is not automatically paid unless the employer already has a paid bereavement policy or a collective bargaining agreement that provides paid bereavement leave. Cal. Gov. Code § 12945.7 [2]
California’s default rule
California’s bereavement-leave statute makes it an unlawful employment practice for an employer to refuse an eligible employee’s request for up to five days of bereavement leave after the death of a covered family member. Cal. Gov. Code § 12945.7(b)-(e) [2]
But the statute also says:
If there is no existing bereavement leave policy, the bereavement leave may be unpaid, except that the employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off otherwise available to the employee. Cal. Gov. Code § 12945.7(e)(2) [2]
And if an employer already has a policy that provides less than five days of paid bereavement leave, the employee is entitled to a total of at least five days, with the shortfall able to be unpaid. Cal. Gov. Code § 12945.7(e)(3) [2]
Practical rule
| Employer situation | Must provide bereavement leave? | Must it be paid? |
|---|---|---|
| No bereavement policy | Yes, up to 5 days for eligible employees | No, may be unpaid Cal. Gov. Code § 12945.7(e)(2) [2] |
| Policy provides some paid bereavement leave | Yes, at least 5 days total | Only the amount required by the policy; remainder may be unpaid Cal. Gov. Code § 12945.7(e)(3) [2] |
| Policy provides 5+ days paid bereavement leave | Yes | Yes, to the extent of the policy Cal. Gov. Code § 12945.7(e)(1), (e)(3) [2] |
Important exceptions
The statute applies to employers with five or more employees and to the State and its political subdivisions. It applies only to employees employed at least 30 days before the leave begins, and it excludes employees covered by Government Code section 19859.3 and certain valid collective bargaining agreements. Cal. Gov. Code § 12945.7(a)(1)-(2), (k) [2]
State employees
For most state employees, CalHR explains that the first three days are paid, and additional leave may be taken using other accrued leave depending on the employee category and governing policy. CalHR Human Resources Manual, “Bereavement Leave” [1]
Bottom line
California employers generally must offer bereavement leave to eligible employees, but they do not have to make it paid unless a policy, MOU, or collective bargaining agreement already provides paid bereavement benefits. Cal. Gov. Code § 12945.7(e) [2]